The Kuala Lumpur High Court has set aside a January ruling for former Bersatu leader Badrul Hisham Shaharin and YouTuber Nurpais Ismail to pay RM550,000 in civil damages to businessperson Farhash Wafa Salvador Rizal Mubarak.
Judge Arziah Apandi made the ruling today, allowing applications filed by Badrul (above, right), also known as Chegubard, and Nurpais, who is known for the Papa Berry Studios YouTube channel.
She also ordered the case to be retried.
The decision came after she found the writ had not been properly served on the defendants.
Arziah, on Jan 29, ordered the defendants to pay RM300,000 in general damages, RM100,000 in exemplary damages, and RM150,000 in aggravated damages, totalling RM550,000 to Farhash (above, left).
The plaintiff had testified without being cross-examined, and the defendants did not attend any proceedings.
The defendants, together with Badrul’s lawyer, Rafique Rashid Ali, later said they were unaware of the suit and only learned about it from media reports.
Defective service
Arziah, in her verdict, considered the defendants’ submissions, including that court papers meant for Badrul were received by an unknown person, and that documents for Nurpais were sent to an address where he no longer resides.
“Despite the plaintiff having taken reasonable steps, including notifying Badrul’s solicitors, who were identified in a separate case, there was uncertainty as to whether those steps succeeded in ensuring the defendant knew the existence of the proceedings.
“(However), the court took into account that Badrul had acted promptly after learning of the Jan 29 judgment, which is consistent with his allegation of not knowing about the case earlier.
“Order 10 Rule 1 of the Rules of Court 2012 is clear and specific regarding the obligation of personal service or by AR (acknowledgement of receipt) registered post.
“The service allegedly used by plaintiff did not satisfy the requirement of personal service,” said the judge, adding that no AR registered post evidence was produced to prove proper service of the writ.
She held that the plaintiff’s method of service via electronic communication against Nurpais, although the information was publicly available, raised the question of whether the service was sufficient.
“In these circumstances, the court held that there is a strong basis for finding that the service against (the defendants) was materially defective.”
Arziah said this denied the defendants their fundamental right to justice and that the ruling for damages to be paid should be set aside.
The court then ordered the duo to file their defence within seven days from today, and for Farhash to file his reply within 14 days.
Case management via e-review was also fixed on June 19.
Rafique had appeared for Badrul, while Zubir Embong appeared for Nurpais, and Nurin Husnina Hussein appeared for Farhash in today’s proceedings.
Rafique later told reporters that today’s judgment meant the trial would begin all over again, as this time, the defendants’ lawyers would get to cross-examine Farhash.
Anwar’s ‘blue-eyed boy’, PKR power struggle
Farhash filed the suit on May 26 last year, in response to a podcast by Chegubard and Nurpais on May 7.
He said in his statement of claim that the defendants had referred to him by name and as Prime Minister Anwar Ibrahim’s “blue-eyed boy”.
He added that the defendants had defamed him by portraying him as a despicable, immoral, and malicious individual who was allegedly using and controlling the prime minister and his office for personal gain.
Farhash also claimed the duo alleged he was involved in a power struggle with former minister Rafizi Ramli to become Anwar and PKR’s “darling”.
He further sought a full and unconditional public apology, a retraction of the statements, and RM1 million in general, exemplary, and aggravated damages, with five percent per annum interest on the sum. - Mkini
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